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13. Every agreement to refer a dispute to arbitration under this Scheme shall be taken to be an agreement that the arbitrator decide the dispute according to the following Terms of Reference:

In deciding whether to uphold the Flexible Working Claim the arbitrator:

(i)

shall have regard to relevant provisions of the Flexible Working (Procedural Requirements) Regulations (Northern Ireland) 2003(1)and to any relevant LRA Guidance;

(ii)

shall apply EC law;

(iii)

may make recommendations, as appropriate, within the remit of promoting the improvement of employment relations.

The arbitrator shall not decide the case by substituting what he/she would have done for the actions taken by the employer.

If the arbitrator upholds the Flexible Working Claim, he/she shall determine the appropriate remedy under the terms of this Scheme.

Nothing in the Terms of Reference affects the operation of the Human Rights Act 1998 in so far as this is applicable and relevant and (with respect to procedural matters) has not been waived by virtue of the provisions of this Scheme.

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